Haw. Rev. Stat. § 521 § 521-73
Landlord's and tenant's remedies for abuse of access.
Operative Text
(a) The tenant shall be liable to the landlord for any damage proximately caused by the tenant's unreasonable refusal to allow access as provided in section 521-53(a). (b) Except for an entry under an emergency such as fire, the landlord shall be liable to the tenant for any theft, casualty, or other damage proximately caused by an entry into the dwelling unit by the landlord or by another person with the permission or license of the landlord: (1) When the tenant is absent and has, after having been notified by the landlord of a proposed entry or entries, refused consent to any such specific entry; (2) Without the tenant's actual consent when the tenant is present and able to consent; or (3) In any other case, when the damage suffered by the tenant is proximately caused by the landlord's negligence. (c) In the event of repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another with the landlord's permission or license which is unreasonable and not consented to by the tenant: (1) The tenant may treat such actions as grounds for termination of the rental agreement; (2) Any circuit court judge on behalf of one or more of the tenants may issue an injunction against a landlord to enjoin violation of this subsection; (3) Any circuit court judge hearing a dispute as set out in [paragraph] (2) may also assess a fine not to exceed $100. (d) Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent by a tenant to a particular entry, shall be void. [L 1972, c 132, pt of §1; am L 1975, c 104, §4; gen ch 1985]
Hawaii Revised Statutes § 521-73 establishes a two-way liability framework governing landlord access to rental units. A tenant who unreasonably refuses access permitted under § 521-53(a) may be held financially responsible for any resulting damage to the landlord. Conversely, a landlord who enters—or permits another person to enter—without proper consent or outside of a genuine emergency can be held liable for theft, property damage, or other harm that results from that entry. Courts may also issue injunctions and impose fines of up to $100 when a landlord engages in repeated or unconsented unreasonable entries.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 521-73, compliant property operators generally provide proper advance notice before entering a unit, obtain actual consent when a tenant is present, and limit entries to those permitted by § 521-53(a) or genuine emergencies. Operators also ensure that any third parties—contractors, inspectors, or agents—who enter a unit do so only with appropriate tenant consent, since the landlord bears liability for damage caused by those individuals as well. Any lease clause attempting to waive the landlord's liability under § 521-73 is void and unenforceable, so such language should not appear in rental agreements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 521-73 gives tenants meaningful protections against unauthorized or repeated unwanted entries by a landlord or anyone acting with the landlord's permission. If a landlord makes repeated demands for unreasonable access or enters without consent, a tenant may have grounds to treat that conduct as a basis for terminating the rental agreement, and a circuit court judge can issue an injunction and assess a fine of up to $100 against the landlord. Tenants who believe their access rights have been violated may consider documenting each incident, contacting a local tenant-rights organization, or consulting with a legal aid provider to understand the options available under § 521-73.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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